Nursing Home Abuse
- Overview
- Types of Abuse
- Possible Signs of Abuse
- Proving Abuse
- Federal and Nebraska Law
- Checklist for Selecting a Nursing Home
- Important Contacts
Overview
Unfortunately, the bottom line of an operator of a nursing home is often their bottom line, not the welfare of their patients As baby boomers start reaching their retirements years the number of people receiving nursing home care will increase dramatically. In addition, with many couples both having to work to support their household, there is less time to care for elderly parents. With the ever increasing number of people receiving nursing home care, there is an equal number of horror reports about abuse and neglect of nursing home patients.
Nursing home neglect and abuse often occurs for a number of reasons including:
- poorly qualified and inadequately trained staff;
- staff with a history of violence;
- inadequate numbers of staff;
- the reluctance of residents to report abuse out of embarrassment or fear;
- greedy or unethical employee or owners.
Types Of Abuse
The following is a list of the types of abuse or neglect a resident may suffer:
Physical abuse- infliction of physical pain and suffering
- Assault & battery
- Sexual assault/ rape
- Unreasonable physical or chemical restraints
- Prolonged deprivation of food, water, or companionship
- Over or under medication
- Failure to honor Advanced Directives
- Unexplained injuries requiring medical attention
- Open wounds, cuts, bruises, burns, or welts
- Patient reports of being assaulted or mistreated
- Isolation/ confining patient to room
- Frequent illnesses
- Giving patient incorrect medication
- Unexplained weight gain or loss
Neglect
- Failure to prevent dehydration, malnutrition, bed sores
- "If a patient has a bed-sore, it is generally the fault not of the disease, but of the nursing." Florence Nightingale, 1859
- Failure to assist in personal hygiene, grooming, bathing, etc.
- Unsanitary and unclean conditions or clothing
- Infections
- Preventing access to medical services
- Failure to answer call lights in a timely manner
- Alcohol or drug abuse
Mental/ verbal abuse
- Unusual behaviors- sucking, biting, rocking
- Humiliation, insulting, frightening
- Threats
- Treating patient like a child
Financial abuse
- Persuading patient to sell personal property
- Stealing patient’s money or possessions
- Fraud, forgery, extortion
- Wrongful use of Power of Attorney, Trusteeship, or Guardianship
Possible Signs Of Abuse
Unless an outside physician or the resident notifies someone about the possibility of abuse or neglect, family members and friends must be vigilant in looking for signs of neglect or abuse. Here are some signs to look for:
- Depression
- Withdrawn or timid
- Physical injuries
- Longing for death
- Vague health problems
- Anxiety
- Hostility
- Confusion
- Unresponsive
- Poverty
- Conflicting stories
- Resentment
- Shifting blame
- Aggressive/ defensive behavior
- Substance abuse
- Fatigue
- New health problems
There are a number of government agencies that oversee nursing homes. Each has their own enforcement procedures, but, their goal is not to obtain compensation for a victim of abuse or neglect, but to punish and regulate the nursing home.
Proving Abuse
Depending on the type of abuse or neglect, what you must prove may be different. The nursing home may be guilty of negligence or malpractice. In those cases you must prove: (1) the nursing home had a duty to protect the patient from abuse or neglect; (2) the breach of that duty through action or inaction; (3) the person’s injuries were caused this breach of duty; (4) the nature and extent of the injuries and damages. However, there are other possible theories of recovery for injuries or death caused by a nursing home, including: assault and battery; sexual assault or rape; false imprisonment; theft; fraud or forgery as well as many others.
Federal and Nebraska Law
The Federal government has passed legislation that regulates nursing homes collecting Medicare funds as well as establishing a Nursing Home Residents Bill of Rights.
The Nursing Home Reform Act (42 U.S.C. §1396r) generally governs nursing homes. The goals of the Act are to:
- Promote maintenance or enhancement of the quality of life of each resident
- Attain or maintain the highest practicable physical, mental, and psychosocial well-being of each resident
- This includes meeting the professional standards of quality in:
- nursing and related services and specialized rehabilitative services
- medically related social services
- pharmaceutical services to meet the needs of each resident
- dietary services
- ongoing program of activities
- routine and emergency dental services
- Require licensure under state and local law
- Must have open access and visitation
- Provide equal access to quality care
- Must protect resident funds
- Requiring minimum nursing care
- must provide 24-hour licensed nursing care which are sufficient to meet the nursing needs of its residents
- Physician or other highly trained medical provider supervision
- Physician available to provide necessary emergency care
- Resident assessments
- Must conduct a comprehensive, accurate, standardized assessment that includes:
- resident’s capability to perform daily life functions and significant impairments in functional capacity based on DHHS standards
- identification of medical problems
- Coordinated by a RN
- Must be done
- New admissions- within 14 days
- Promptly after a significant change in physical or mental condition
- Not less than once every 12 months
The Bill of Rights guarantees residents:
- The right to freedom from abuse, mistreatment, and neglect;
- The right to freedom from physical restraints;
- The right to privacy;
- The right to accommodation of medical, physical, psychological, and social needs;
- The right to participate in resident and family groups;
- The right to be treated with dignity;
- The right to exercise self-determination;
- The right to communicate freely;
- The right to participate in the review of one's care plan, and to be fully informed in advance about any changes in care, treatment, or change of status in the facility;
- The right to voice grievances without discrimination or reprisal.
There are certain exceptions depending on the physical and mental status of the resident but these rights are generally available to all residents.
Nebraska also laws protecting and regulating nursing homes and their staff. Nebraska has a Long Term Care Ombudsman who can investigate complaints. The Nebraska Nursing Home Act is administered by the Health and Human Services, Licenses and Regulation. The goal is to protect the health, safety, and welfare of the public and to insure to the greatest extent possible the efficient, adequate, and safe practice of health care. The Department has the power to deny, suspend, or revoke licenses or take other disciplinary measures. The Act, in part, requires nursing homes to display the procedure for submitting complaints and initiating investigations and the Department conducting annual inspections without advance notice.
Free Consultation
Contact Nebraska’s Lapin Law Offices at (888) 525-8819 or click here if you or a loved one have been abused in a nursing home for a free initial consultation.